Higbee v. Spangler
Missouri Court of Appeals
Appeal from Clark Circuit Court.—Hon. E. B. McKee, Judge. The court erred in not striking out of all of the evidence of Whiteside and Spangler with reference to holding the transcript for the reason there was no evidence that either party had any authority to make such arrangement in this case. Watson v. Ruce, 46 Mo.
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Appeal from Clark Circuit Court.—Hon. E. B. McKee, Judge. The court erred in not striking out of all of the evidence of Whiteside and Spangler with reference to holding the transcript for the reason there was no evidence that either party had any authority to make such arrangement in this case. Watson v. Ruce, 46 Mo. App. 546; Peck v. Richey, 66 Mo. 114; Fougus v. Burgess, 71 Mo. 389; Wilson v. Hempstead, 73 Mo. 667. The court erred in admitting any testimony of an arbitration for the reason there was no evidence that the present plaintiff was a party to any of the suits embraced, in the…
1Opinion of the CourtNortoni, J.
The suit is to recover the penalty of one hundred dollars provided by statute (sec. 825, R. S. 1899), and levied against the clerk of any circuit court for failing to immediately transmit, on change of venue, *222a transcript of the record in any cause, the venue of which has been changed to the circuit court of another county.
Defendant was clerk of the circuit court of Clark county. There were a number of cases pending in the court of which he was clerk, between members of the Llewellyn family, and one case of Higbee v. Llewellyn, in which case a change of venue was taken by the defendant…
2Cases cited2 opinions
- Llewellyn v. SpanglerMissouri Court of Appeals · 1905
- Randol v. GaroutteMissouri Court of Appeals · 1899